Same-sex marriage in Colorado

In 1996, the Colorado General Assembly passed a bill banning same-sex marriage, but it was vetoed by Governor Roy Romer.

[10] Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, in June 2022, some lawmakers announced they would push to codify same-sex marriage in state statutes and place a measure on the ballot to repeal the constitutional amendment banning same-sex marriage.

[11] In January 2023, Senator Jessie Danielson said, "The legislature has an obligation to do away with that ban to show the communities that we care about (them), that we're gonna stand up and protect them."

[13] In April 2024, Senator Joann Ginal and representatives Alex Valdez and Brianna Titone introduced a constitutional amendment to the General Assembly to refer the issue to voters.

Suthers v. Hall, a state court case which previously allowed Boulder County to issue marriage licenses to same-sex couples.

[21] When one of those married in Boulder tried to use it to sponsor his husband for immigration purposes, he lost his case, Adams v. Howerton, in federal court.

Citizenship and Immigration Services granted permanent residency status to Australian national Anthony Sullivan, based on his marriage to Richard Adams in Boulder on April 21, 1975.

[23] In December 2024, U.S. Secretary of the Interior Deb Haaland announced that the Boulder County Courthouse had been designated a National Historic Landmark for being the first site in the United States to issue marriage licenses to same-sex couples.

Suthers v. Hall provided legal cover for the Boulder County clerk to issue same-sex marriage licenses as a form of civil disobedience.

After Hartman's decision was handed down, the Denver and Pueblo county clerks began issuing licenses to couples regardless of gender as well, despite Judge Crabtree's stay.

When asked to enjoin the Denver County clerk from issuing licenses to same-sex couples, Judge Crabtree refused to take action.

In a separate filing, and seeking a reversal of Judge Hartman's ruling, Suthers also asked the high court for an emergency injunction to stop all state clerks from issuing licenses.

[31][32] On July 18, 2014, the Colorado Supreme Court ordered clerks in Adams and Denver counties to stop issuing marriage licenses.

The Supreme Court was scheduled to hear oral arguments regarding the merits of the state's same-sex marriage ban on September 30, 2014.

[35] U.S. District Judge Raymond P. Moore found in favor of the plaintiffs in Burns on July 23, 2014, granting their motion for a preliminary injunction.

[36][37] When the U.S. Supreme Court dismissed requests to hear appeals from similar cases from the Tenth Circuit on October 6, Attorney General Suthers asked the Tenth Circuit to lift the stay in this case as well, which would allow the district court's order that Colorado recognize same-sex marriages to take effect.

[40] The Colorado Supreme Court, sua sponte on July 29, decided to hear the case and ordered it transferred and requested the record on appeal to be filed before it by October 20, 2014.

[41] On June 25, 2014, the Tenth Circuit Court of Appeals in the case of Kitchen v. Herbert ruled that Utah's ban on same-sex marriage violated the U.S. Constitution.

When the U.S. Supreme Court dismissed requests to hear an appeal of the Kitchen case on October 6, Attorney General Suthers asked the Tenth Circuit to lift the stay in this case as it related to Colorado, which would allow the district court's order that Colorado recognize same-sex marriages to take effect.

The decision held that couples' conduct, including cohabitation or taking the partner's surname, as well as their reputation in the community, were "factors that most clearly show an intention to be married".

A Jefferson County District Court judge ruled in the case of In re Marriage of LaFleur and Pyfer that the couple were common-law married.

On the issue of division of property and spousal maintenance, the justices sent the case back to the Jefferson County District Court, ordering further review.

[46][48] On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Due Process and Equal Protection clauses of the Fourteenth Amendment guarantee same-sex couples the right to marry.

House Minority Leader Patrick Neville said he was unaware of the bill and "hadn't given much thought to the idea of banning gay marriage".

[49] On September 15, 2021, Governor Jared Polis married his longtime partner Marlon Reis in a small Jewish ceremony in Boulder.

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.

Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.